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New Medicines and Personal Injury Claims

New technology means of new types of treatments and medications are available that were not available. However, with this new technology and new treatments causes problems with regards to personal injury cases. These new treatments may cause a major risk factor in calculating compensation amounts or medicine that has just become available. New medicines give benefits to people who have suffered injury or illness due to some form of personal injury. Some new forms of medicine that have proved beneficial include complete scar removal, new medical pills promoting better health, etc. Such medical advancements serve to promote the well-being of persons who have suffered injury in one form or another.

New medical prospects comes with new issues linked to different factors when it comes to calculating personal injury amounts. For example, groundbreaking medical advancements may result in the expenses associated with a treatment being severely high. Medical expenses are a major factor when applying them to personal injury lawsuits for compensation. Therefore, it becomes difficult to understand and/or predict such costs over time because of the introduction of new medical treatments.

Elements to Prove

When a person suffers an injury due to negligence and incurs medical expenses four elements generally apply. These four elements must be proven in order for them to receive compensation for medical expenses. These elements must prove:

  1. The medical treatment sought was a requirement in order to ensure the health and well-being of the injured individual
  2. any negligence caused by another led to the injury that was treated
  3. all monies collected from the suit are used only for the treating of the harm caused
  4. that the charges for the treatments sort are reasonable without being excessive

The first three elements can be proven through the testimony of medical experts. Additionally, agreements of payment often ensure that all the money received is used solely for the healthcare injury victim’s needs. However, issues arise on the reasonableness of the charges for treatment. The reasonableness of certain expenses may be questioned as well as the applicability of new technologies and medicines used. As a result this may lead to the reasonable expenses having to be analyzed.

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